St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-03-22
as above stated; but their report must then state

on said report being filed, to cause notice TO be
given by publication for three 81 successive
weeks in a newspaper printed and published in
said county. and by posting printed copies thereof
in three go public places III each township where
the proposed work is located. and one at the
door of the court house in said county, of the
pendencv of said petion, and of the time set for
the hearing thereof, which notice shall briefly
state where said ditch commences at its source,
through whose land it passes and where it
terminates at the outlet, together with the
names OF the owners of the lands that Will be
affected thereby, us the same appears in the re-
srnr- 80 riss. viewers; and at the same time the
AUDITOR snaii mali a printed copy OF said notice
TO all non-residents OF the county interested in
such proposed work, whose address is known to
him, or can be ascertained by lnquiring at the
county treaSurers office.
SEC. 8. Said board of commissioners, at the
time set for the hearing of said petition (Which
said hearing may be Adjourned from time to
time), shall proceed to hear the same, and If
they find the view rs report Is made in accord
ance with the provisions of this act, and they
lind tho proposed ditch to be of public utility,
conducive TO public health, of public benefit
or convenience. and ii they find from the face of
the report and the evidence before them, that
the estimated benefits to be derived from the
construction of said work is greater than its
total cost, Including damages awarded and that
such benefits exceed such costs and damages in
q sufficient amount to warrant the construction
thereof, they may, in their discretion, establish
the same specified in said viewers report.
SEC. 10. And when damages are awarded to
any person or persons or corporations, as pro-
vided by this act, the board of commissioners
shall order the same to be paid out of the county
treasury on warrants to be drawn and attested
by the auditor and signed by their chairman :
said warrants to be issued TO the person or per-
sons, or corporations entitled thereto, and to be
dated, and become due and payable immedi
atey after the letting of the contracts by the
auditor, as hereinafter provided. And in case
the proceedings had in relation to the laying
out or establishing such ditch shall be declared
void, and such proceedings set aside and va
Gated by the Judgment OF any court prior to the
letting of the contract by said auditor, all such
warrants shall thereupon become null and void,
and shall be returned TO the auditor Tor can
collation..
SEC. IL Any person or corporation aggrieved
Thereby may appeal from any final order or judg-
ment Of the board of commissioners made in
the proceedings, and entered upon their record,
determining either of the following matters,
viz:
First-Whe,her said ditch will be conducive
to public health, convenience or welfare.
Second-Whether the route thereof Is prac-
ticable.
Third--Whether the benefit to be derived from
the construction of said ditch is greater than
the total cost thereof, including damages
awarded.
Fourth-The amount of damages allowed to
any person, or persons, or corporation.
Fifth-Whether the estimated benefits to each
tract of land and to each public or corporate
road or railroad are greater than the actual ben
etits to be derived therefrom.
And the appellant shall file with the county
auditor notice of appeal, which shall briefly
state the grounds upon which such appeal is
taken, accompanied by an appeal bond, with
at ieast two (2) freehold sureties, to be approved
by the auditor, conditioned that said appellant
VIII duly prosecute such appeal, and pay all
costs that may be adjudged against him in the
district court: provided, that such notice of ap
peal and bond appeal snail be filed within thirty
800 days after such final order or Judgment of
the board of commissioners is made; and after
the lapse of such thirty (30) days no appeal can
be taken. And if an appeal be taken the auditor
shall within twenty 900 DAYS after the notice of
appeal and appeal fond is filed, make complete
transcript OF the proceedings had before the
board of commissioners and certify the same
together with all the papers filed il his office
pertaining to such proposed work. including the
notice of appeal and the appeal bond, to the
clerk Of the district court.
SEC II. L more than one ~ party appeal
the judge of the district court NAV, in his dis
cretIon, order the cases to be consolidated and
tried together: and in such case. the rights of
each party shall be separately determined by
the jury in its verdict. And in all cases of ap
peal, provided the action of the commissioners
be sustained in whole or in part, the location
and establishment OF such ditch shall be or
dered by said court, and the court shall in said
order fix the time when the auditor shall give
notice for the letting of the contracts for the
construction OF the proposed work.
SEC. Is 1t no appeal be taken within the
time limited the auditor shall sell the jobs of
digging and constructing the entire work. in
linear sections OF one hundred QCO) feet each.
each of said sections to be known and numbered
by the stake or monument set by the viewers at
the foot OF each said section, as shown on the
viewers report, commencing at the one in-
Guiding the outlet, and thence in sue
cession up stream to the one including
the source. And the auditor shall contract in
the name of the county with the party to whom
a section sections is sold requiring him to
construct the same in the time and manner set
forth in the report of the viewers on which the
ditch is established, and shall take from him
bond, with two (2) freehold sureties. payable to
the county, for not less than double the amour
for which the same is sold TO be by said auditor
approved, conditioned that said party will faith
fully perform and fulfill his contract and pay all
damages which may accrue by reason of the
failure to complete the work within the time re-
quired in the contract therefor. And the auditor
shall give notice Of the letting of such contracts
by publication for three 90 successive weeks in
the official paper of the county wherein such
work Is located, of the time when and the place
where Such conCractS will be let to the lowest
responsible bidder or bidders; and no bid shall
be entertained which exceeds more than thirty
(30) per cent over and above the estimated cost
of the construction of the part of said work
covered by said bid, and said auditor may
adjourn such letting from time to time until the
whole work shall be taken.
SEC IA The bond and contract shall consti-
tute but one paper. and shall be printed form,
with proper blanks left for filling out the same
in writing and the description Of the work to be
done as mentioned in the contract shall be by
the number of the section or sections, as pre-
vided for in section ID. The work to be done
and completed as provided for in the report OF
the viewers.
SEC. 10. A job not completed within the tins
fixed in the contract and bond shall be resold by
the auditor to the lowest responsible bidder, but
snail not be sold for sum exceeding fifty go
per cent of the estima. ed value OF such work,
nor a second time to the same party. contract
and bond shall be entered into as hereinbefore
provided; but the auditor may, for good cause
shown give further time to any contractor not
exceeding one (D year. The auditor shall fix
time for the completion OF work resold, not
ceedlpg six 60 months from the date of the
bond.
SEC 16. 1t shall be the duty of the county
surveyor, on being notified by any contractor
fhat is Job il
and if he fpds it completed according to the
specifications of the viewers, he shall accept it
ind give TO the contractor certificate OF accept
ance, stating that said section or sections (by
number) are completed according to the specif-
cations Of said ditch, as sci forth in the
report OF the viewers: and upon the pres
entation and surrender of said certificate
of acceptance by said contractor to the
auditor, the said auditor shall draw warrant
On the county treasurer OF his county for the
full amount found to be due on said contract.
and said order shall be paid out of a gener raj
ditch fund, to be provided by the county board
OF commissioners, as hereinafter specified. And
The said order shall become due and payable out
OF said fund at once, and if there be no cash i'll
said fund to pay said order when the same is
presented, the county treasurer shall endorse on
said order, Not paid for want of funds" and
date and sign such endorsement and the
amount OF said order shall draw interest at the
rate OF SIX 20 per cent per annum until called in
by the treasurer or auditor OF said county and
paid. The fees of the county surveyor, under
this section. shall be paid him by such con-
tractor
Sec. IL. The board Of county commissioners
or each county, wherein such ditch or bitches are
proposed to be located and established, are
hereby authorized to issue the bonds of said
county in such sums may be necessary for
the purpose OF detraYing the expenses incurred or
to be incurred in locating, constructing and es-
tablishlng the same, SAID word expenses" to be
construed to mean and to cover every item of
cost of said ditch, from its inception to its COM
pletion, and the said counties to be reimbursed
as hereinafter provided. Said bonds shall bear
interest at a rate not exceeding six (6) per cent
and shall be payable on or before ten QO) years
at the option Of said board of commissioners